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Same size Cubic Feet Refrigerator and Freezer

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Same size Cubic Feet Refrigerator and Freezer

Postby Cylon452 » Sat Aug 27, 2016 2:27 pm

Hello all

I searched your forums but i cannot find answers to my 5 questions about Refrigerators.
Hopefully you can answer my questions.

the Situation:
I have a GE model number GTH18EBTT2RWW with a 18.1 Cubic Feet Freezer.
Looks like this:
http://products.geappliances.com/applia ... GTH18EBTWW

This is a Rent Stabilized Unit. 4 Units are not RS and they have those 800 to 1,000 dollars Frigs. ( Free market units ). the other 4 Units are RS.

The issue is the Frig is not cold enough. It goes from 40 to 50 degrees on it's own.
The Kitchen is in air conditioned room so i was working fine for years. This is the 3rd time this has happened and i was able to fix it before buy defrosting it. Now that does not work.
It is about 6 years old.

The FDA states he following:
To ensure that your refrigerator is doing its job, it's important to keep its temperature at 40 °F or below; the freezer should be at 0 °F

The Questions:
If this Frig cannot be repaired i will need a new one.

1. My Freezer section is 18.1 cubic feet in size, Does the LL have to meet or exceed my existing size ? i do not want a smaller size.

2. Does the LL have the Option to get me a Used or New Frig ?

3. If the Frig is new is this added to my rent as a new Appliance ? ( old LL didn't add it to rent when i went with him to get it )

4. I want to request to go with the LL or his rep so i can see the Frig before they buy it for My approval. i don't want a smaller one or a dirty one.

5. If i cannot work them can i buy my own Frig and tell the LL to remove the old frig before the new one arrives. If i go that route is the LL off the Hook for buying me another one say 10 years later if the I purchased one breaks. Is LL also off the hook if the Frig need repairs say 3 to 6 years later ? Or is this all my dime ?

Number is not an Option 5. But i think it a question us RS tenant need to know.

HISTORY:
When i got this model i went with the previous LL at home depot to get it
it cost around 500 dollars and he did not increase the rent.
This building has been sold since i got the Frig, so i'm dealing with new people who manage to deregulated 4 unit to Free market unit legally. 4 units are still RS units. We refuse to accept buy outs. They are not easy to work with.

Thank you for reading this.
Cylon452
 
Posts: 103
Joined: Fri Jan 20, 2012 12:11 pm

Re: Same size Cubic Feet Refrigerator and Freezer

Postby TenantNet » Sat Aug 27, 2016 2:40 pm

LL is required to provide RS tenants with a working unit - not necessarily a new unit. If the LL can't find a used and working unit, he must then provide a new unit. The LL cannot raise the rent unless the tenant agrees to that. So do not agree to that. You are a RS tenant. Whatever they install it should approximate the old unit, but that does not mean exact.

Do not purchase and install your own fridge. That could land you in court and potentially lead to your eviction. I can't stress that enough. And even if the LL doesn't take you to court, then yes, it would be your responsibility.

If anything happens, inventory your food that might spoil and take photos. Keep a running log of the temperature.
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Re: Same size Cubic Feet Refrigerator and Freezer

Postby Cylon452 » Sun Jun 18, 2017 2:15 am

Now i can address this, i found My OLD Post on Aug 27, 2016.
I saw you locked the new one.
Sorry for taking so long to get back to you. i just got over an Asthma attack. I feel better now.

So I'll make this Post one smaller and ask again.

I want to buy a new Frig i like. So i want to compose a letter to the LL

This letter will look something like this:
This purchase would be on my dime and i will state in writing that i will take Full Responsibility for service of frig not the LL. If LL and i sign to what i stated how can this be an issue ?

I have No plans of leaving this unit. So in the end the Frig will be his anyway.

If it's all in writing there should be no issues with eviction. So am i legally correct ?


Have a good day.
Cylon452
 
Posts: 103
Joined: Fri Jan 20, 2012 12:11 pm

Re: Same size Cubic Feet Refrigerator and Freezer

Postby TenantNet » Sun Jun 18, 2017 7:13 am

That's a letter? I'd send for rewrite.

If the LL give you written permission, then you can buy and install your own refrigerator. Just make sure you don't toss the old one in the trash. I'd put it in the basement or wherever and let the LL dispose of it, unless he gives your written permission to do so. If that happens I would check with the city govt how to properly dispose of the unit. Make sure you take the door off the hinges and follow instructions as to freon disposal. Here's one page: https://goo.gl/JHgYeU. I would take photos of whatever you do to document it.
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Information from TenantNet is from experienced non-attorney tenant
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